Alpha Portland Cement Co. v. Schratwieser Fireproof Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Alpha; Portland Cement Company, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, rendered on the 21st day of April, 1911, dismissing the complaint.
1Opinion of the Court
Rich, J.:
This appeal is from a judgment of the Municipal Court dismissing the plaintiff’s complaint before the cause was opened or any evidence given upon the ground that it contained no allegation that the plaintiff had. complied with the provisions of section 15 of the General Corporation Law (Consol. Laws, chap. 23; Laws of 1909, chap. 28) by procuring the certificate authorizing it to do business in this State, and that because of such omissidn the complaint did not state facts sufficient to constitute a cause of action.
The plaintiff’s cause of action is upon a promissory note in the…
2Cases cited10 opinions
- Penn Collieries Co. v. . McKeeverNew York Court of Appeals · 1905
- Wood Selick v. . BallNew York Court of Appeals · 1907
- Welsbach Co. v. Norwich Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Manufacturers' Commercial Co. v. BlitzAppellate Division of the Supreme Court of the State of New York · 1909
- St. Albans Beef Co. v. AldridgeAppellate Division of the Supreme Court of the State of New York · 1906
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3Cited by2 opinions
- American Ink Co. v. Riegel Sack Co.City of New York Municipal Court · 1912
- Strauss-Pritz Co. v. AxsonAppellate Terms of the Supreme Court of New York · 1916